T5 B61 Condor Fdr- 10-3-01 Levey Memo Re Presidential Proclamation- Section 212(f)- Immigration And Nationality Act

U.S. Department of Ji Justice Office of the Deputy Attorney General

Washington, D.C. 20530

October 3,2001

MEMORANDUM TO:

Dan Levin Counsel to the Attorney General "'David Ayres Chief of Staff

FROM:

Stuart Levey Associate Deputy Attorney General

CC:

David Lauftnan

SUBJECT:

Presidential Proclamation Under Section 212(f) of the Immigration and Nationality Act

Background Congress has granted the President broad authority to deny entry to aliens based on the national interest Under Section 212(f) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f): Whenever the President finds that the entry of any alien or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.... The President generally authorizes the Secretary of State to implement the Proclamation, including determining who is covered and who falls within the exception (that the person's entry would not be contrary to the national interest). Once the Proclamation takes effect, the Department of State stops issuing visas to individuals who fall within the scope of the Proclamation, and the INS denies admission to those who seek entry (who may have visas that were issued prior to the Proclamation or who otherwise arrive in the United States). There are no limitations on how the President^may invoke Section 212(f). To my " • ' •

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knowledge, no President has invoked section 212(f) for all nationals of a particular country but has tied the suspension of entry to subsets of nationalities that have engaged in specified activity, such as those individuals:

• •

•

Responsible for formulating, implementing or benefiting from policies that impede the transition to democracy (or who benefit from such policies) in Sierra Leone, Burma, Nigeria, Liberia, Haiti and Zaire. Responsible for acts that threaten international stabilization efforts in the Western Balkans Region, and those responsible for wartime atrocities. Responsible for the repression of the civilian population in Kosovo or for the policies that obstruct democracy in the Federal Republic of Yugoslavia or otherwise support the governments of the Federal Republic of Yugoslavia or the Republic of Serbia. Who are foreign government or military officials of regimes opposed by the United States, such as the UNTTA in Angola, Bosnian Serb forces, the Government and Communist Party of Cuba, and officials of the Government of Sudan and members of the Sudanese Armed Forces.

According to the Department of State, there are nine 212(f) proclamations currently in effect against certain nationals of: Angola, Bosnia, Burma, Cuba, the Federal Republic of Yugoslavia and Serbia, Liberia, Sierra Leone, Sudan and the Western Balkans. See examples at Attachment 1. Visa Issuance To Problem Countries Between September 11 and September 30, the Department of State issued 4,751 nonimmigrant visas to nationals of countries of concern to the law enforcement and intelligence agencies, as follows: Afghanistan Iran Iraq Libya Lebanon Palestine Pakistan Sudan Syria

27 1138 181 33 973 87 (presumably Arabs from the West Bank or Gaza) 1647 123 533

We have requested information from INS regarding the number of nationals from countries of concern that have been actually entered the United States since September 11. This information should be available within approximately one week.

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Draft Proclamations I have attached as Attachment 2 two draft Presidential Proclamations for your review. The Office of Legal Counsel provided the language in Sections l(a) through (d) and (g) of both drafts. We consulted with the FBI and the INS in drafting Sections l(e) and (f). One major difference between either draft and past Proclamations is that this Proclamation would cover all nationals of certain countries. Draft A is more broad in that it includes nationals of Afghanistan, Lebanon, all countries designated as state sponsors of terrorism (including Cuba and North Korea) and known or suspected members and representatives of all designated foreign terrorist organizations. Draft B includes nationals of Afghanistan, Lebanon, Middle Eastern countries designated as state sponsors of terrorism, and known or suspected members and representatives of all Middle Eastern or Islamic designated foreign terrorist organizations. We should also consider adding categories of individuals contained in Executive Order 13224, issued on September 23, 2001, under the International Emergency Economic Powers Act (Attachment 3). Under current immigration law, a person who is a member or representative of a designated foreign terrorist group is already inadmissible. Including those groups in the 212(f) Proclamation would nevertheless be significant because the Proclamation, as worded, would exclude people who are "suspected" of being members or of supporting the specified terrorist groups. Often, we only have sketchy information about a person's ties to a terrorist group. The Proclamation would permit us to exclude people even if the evidence would not establish that they are current members or representatives of the group. One other major difference between these drafts and past Proclamations is that, rather than leaving it up to the Secretary of State to implement the Proclamation and determine who should be covered, we have written in a role for the Attorney General at various stages: • •

•

Section 2: The Attorney General, in consultation with the Secretary, determines whether the entry of the individual "would not be contrary to the interests of the United States." Section 3: The Secretary, in consultation with the Attorney General, determines which nations planned, authorized, committed, or aided the terrorist attacks or harbored organizations or persons who did so. Section 4: The Secretary or the Secretary's designee, in consultation with the Attorney General, shall identify persons covered by Section 1.

We believe that it is appropriate for the Attorney General to participate in all of these stages for implementing the Proclamation due to the ongoing law enforcement investigation into the terrorist attacks and the need to prevent future attacks. This situation is distinguishable from the Proclamations made for purely foreign policy reasons (see Attachment 1). Nevertheless, the Department of State likely will oppose the role of the Attorney General.

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Options Both of the draft Proclamations are probably too broad to suggest to the White House as written, especially given the diplomatic efforts that are ongoing with some of the countries that are included in the drafts. The Attorney General might consider, however, suggesting a section 212(f) proclamation with one or more of the following characteristics: 1. 2. 3

Suspend visa issuance entirely to nationals of selected countries. Suspend visa issuance to individuals suspected of being associated with specific terrorist groups. Impose restrictions on the admission of nationals from certain countries, such as: (a) requiring a detailed itinerary to be provided in advance of enliy, (b) mandatory reporting to the INS while in the United States, (c) fingerprinting and photographing upon entry, and/or (d) posting of a bond.

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Presidential Proclamations Presidential proclamations (generally referred to as 212f) are published in the Federal Register and arise from a foreign policy decision to keep certain elements in a given country from getting a visa. Proclamations are rescinded or added depending on current circumstances. Contact VO/L/C for further information. The Presidential proclamations which currently affect the issuance of United States visas are as follows:

ate of reclamation ill2 December 1997 5 October 1994 03 October 1996 04 October 1985 12 November 1999 10 October 2000 08 October 1997 22 November 1996 26 June 2001

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Dres.

Proc. No. 6958 L996 WL 679644 (Pres.) ;Citeas:61FR60007)

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Proclamation 6958 Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Are Members or Officials of the Sudanese Government or Armed Forces November 22,1996 *60007 By the President of the United States of America A Proclamation In light of the refusal of the Government of Sudan to comply with United Nations Security Council Resolution 1044 of January 31,1996, and in furtherance of United Nations Security Council Resolution 1054 of April 26,1996,1 have determined that it is in the foreign policy interests of the United States to restrict the entry into the United States of aliens described in paragraph 3 of United Nations Security Council Resolution 1054 and in section 1 of this proclamation. NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as President by the Constitution and laws of the United States of America, including sections 212(f) and 215 of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f) and 1185), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States. I therefore, do proclaim that Section 1. The entry into the United States as immigrants and nonimmigrants of members of the Government of Sudan, officials of that Government, and members of the Sudanese armed forces, is hereby suspended. Sec. 2. Section 1 shall not apply with respect to any person otherwise covered by section 1 where the entr^ of such person would not be contrary to the interests of the United States. Sec. 3. Persons covered by section 1 and 2 shall be identified by the Secretary of State. - Sec. 4. Nothing in this proclamation shall be construed to restrict the entry of Sudanese officials coming to the United States on official business of the United Nations other than in a manner consistent with the obligations of the United States to the United Nations. Sec. 5. This proclamation is effective immediately and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated. Sec. 6. The Secretary of State is hereby authorized to implement this proclamation pursuant to such procedures as he may establish. Copr. © West 2001 No Claim to Orig. U.S. Govt Works

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s.Proc.No.6958 '6 WL 679644 (Pres.) te as: 61 FR 60007)

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JOOB IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of November, in the arof our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America 3 two hundred and twenty-first. WILLIAM J. CLINTON •es. Proc. No. 6958, 61 FR 60007, 1996 WL 679644 (Pres.) MD OF DOCUMENT

Copr. © West 2001 No Claim to Orig. U.S. Govt Works

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[Code of Federal Regulations] [Title 3. Volume 1, Parts 100 to 102] [Revised as of January 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 3CFR7060] [Page 184-185] Proclamation 7060 of December 12, 1997 Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Are senior officials of the National Union for the Total Independence of Angola ("UNITA11) and Adult Members of Their Immediate Families By the President of the United States of America A Proclamation In light of the failure of the National Union for the Total Independence of Angola ("UNITA") to comply with its obligations under the '"Accordos de Paz,'' the Lusaka Protocol, and other components of the peace process in Angola, and in furtherance of United Nations Security Council Resolution 1127 of August 28, 1997, 1130 of September 29, 1997, and 1135 of October 29, 1997, I have determined that it is in the foreign policy interests of the [[Page 185]] United States to restrict the entry into the United States of aliens described in section 1 of this proclamation. HOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections 212(f) and 215 of the Immigration and Nationality Act of 1952, as amended (B U.S.C. 1182 (f) and 1185), and section 301 of title 3, United States Code, hereby find that the entry into the United States of aliens described in section 1 of this proclamation as immigrante or nonimmigrants would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States. I do therefore proclaim that: Section 1. The entry into the United States as immigrants and nonimmigrants of senior officials of UNITA and adult members of their immediate families, is hereby suspended. Sec. 2. Section 1 shall not apply with respect to any person otherwise covered by section 1 where the entry of such person would not be contrary to the interests of the United States. Sec. 3. Persons covered by section 1 and 2 shall be identified by the Secretary of State. Sec. 4. In identifying persons covered by section 2, the Secretary shall consider whether a person otherwise covered by section 1 is an official necessary for the full functioning of the Government of Unity and National Reconciliation, the National Assembly, or the Joint Commission, within the meaning of paragraph 4(a) of United Nations Security Council Resolution 1127 of August 28, 1997. Sec. 5. This proclamation is effective immediately and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated. Sec. 6. The Secretary of State is hereby authorized to implement this proclamation pursuant to such procedures as the Secretary of State may establish. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of December, in the year of our Lord nineteen hundred and ninety-seven, and of the Independence of the United States of America the two hundred and twenty-second. WILLIAM J. CLINTON

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

IN LIGHT OF THE ACTIONS OF THE BOSNIAN SERB FORCES AND THE AUTHORITIES IN THE TERRITORY THEY CONTROL; INCLUDING THEIR REFUSAL TO ACCEPT THE PROPOSED TERRITORIAL SETTLEMENT OF THE CONFLICT IN THE REPUBLIC OF BOSNIA AND HERZEGOVINA, AND OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 942 OF SEPTEMBER 23, 1994, I HAVE DETERMINED THAT IS IN THE INTERESTS OF THE UNITED STATES TO RESTRICT THE ENTRY TO THE UNITED STATES OF ALL ALIENS DESCRIBED IN PARAGRAPH 14 OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 942. NOW, THEREFORE, I, WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, ACTING UNDER THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, INCLUDING SECTIONS 212(F) AND 215 OF THE IMMIGRATION AND NATIONALITY ACT OF 1952, AS AMENDED (8 U,S.C. 1182(F) AND 1185), AND SECTION 301 OF TITLE 3, UNITED STATES CODE, HEREBY FIND THAT THE UNRESTRICTED IMMIGRANT AND NONIMMIGRANT ENTRY INTO THE UNITED STATES OF ALIENS DESCRIBED IN SECTION 1 OF THIS PROCLAMATION WOULD, EXCEPT AS PROVIDED FOR IN SECTION 2 OF THIS PROCLAMATION, BE DETRIMENTAL TO THE INTERESTS OF THE UNITED STATES. I DO THEREFORE PROCLAIM THAT:

SECTION 1. THE IMMIGRANT AND NONIMMIGRANT ENTRY INTO THE UNITED STATES OF ALIENS DESCRIBED IN PARAGRAPH 14 OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 942 IS HEREBY SUSPENDED. THESE ALIENS ARE: A) MEMBERS OF THE AUTHORITIES, INCLUDING LEGISLATIVE AUTHORITIES, IN THOSE AREAS OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA UNDER THE CONTROL OF BOSNIAN SERB FORCES; OFFICERS OF THE BOSNIAN SERB MILITARY AND PARAMILITARY FORCES; AND THOSE ACTING ON BEHALF OF SUCH AUTHORITIES OR FORCES; B) PERSONS FOUND, AFTER SEPTEMBER 23, 1994, TO HAVE PROVIDED FINANCIAL^' , MATERIAL, LOGISTICAL, MILITARY, OR OTHER TANGIBLE SUPPORT TO BOSNIANS =^I/vL; sI2

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SERB FORCES IN VIOLATION OF RELEVANT UNITED NATIONS SECURITY COUNCIL RESOLUTIONS; C) PERSONS IN OR RESIDENT IN THOSE AREAS OF THE REPUBLIC OF BOSNIA AND HERZEGOVINA UNDER THE CONTROL OF BOSNIAN SERB FORCES FOUND TO HAVE VIOLATED OR CONTRIBUTED TO THE VIOLATION OF THE MEASURES SET OUT IN UNITED NATIONS SECURITY COUNCIL RESOLUTION 820 OF APRIL 17, 1993, AND UNITED NATIONS SECURITY COUNCIL RESOLUTION 942 OF SEPTEMBER 23, 1994. SEC. 2. SECTION 1 SHALL NOT APPLY WITH RESPECT TO ANY ALIEN OTHERWISE COVERED BY SECTION 1 WHERE THE ENTRY OF SUCH ALIEN IS IN THE INTERESTS OF THE UNITED STATES, INCLUDING WHERE SUCH ENTRY HAS BEEN APPROVED AS PRESCRIBED BY PARAGRAPH 14 OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 942. SEC. 3. ALIENS COVERED BY SECTIONS 1 AND 2 SHALL B:E IDENTIFIED PURSUANT TO PROCEDURES ESTABLISHED BY THE SECRETARY OF STATE, AS AUTHORIZED IN SECTION 5 BELOW. SEC. 4. THIS PROCLAMATION SHALL TAKE EFFECT AT 11:59P.M. EASTERN DAYLIGHT TIME ON OCTOBER 25, 1994, AND SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS THE SECRETARY OF STATE DETERMINES THAT IS NO LONGER NECESSARY AND SHOULD BE TERMINATED. SEC. 5. THE-SECRETARY OF STATE SHALL HAVE RESPONSIBILITY TO IMPLEMENT THIS PROCLAMATION PURSUANT TO PROCEDURES THAT THE SECRETARY MAY ESTABLISH. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS TWENTY-FIFTH DAY OF OCTOBER, IN THE YEAR OF OUR LORD NINETEEN HUNDRED AND NINETY-FOUR, AND OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA THE TWO HUNDRED AND NINETEENTH. WILLIAM J. CLINTON

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[Federal Register: October 7, 1996 (Volume 61, Number 195)] [Presidential Documents] [Page 52233-52234] From the Federal Register online via GPO Access [wais.access.gpo.gov] [DOCID:fr07oc96-128]

Presidential Documents

Title 3-The President [[Page 52233]] Proclamation 6925 of October 3, 1996 Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Formulate or Implement Policies That Are Impeding the Transition to Democracy in Burma or Who Benefit From Such Policies By the President of the United States of America A Proclamation The current regime in Burma continues to detain significant numbers of duly elected members of parliament, National League for Democracy activists, and other persons attempting to promote democratic change in Burma. The regime has failed to enter into serious dialogue with the democratic opposition and representatives of the country's ethnic minorities, has failed to move toward achieving national reconciliation, and has failed to meet internationally recognized standards of human rights. In light of this continuing political repression, I have determined that it is in the interests of the United States to restrict the entrance into the United States as immigrants and nonimmigrants of certain Burmese nationals who formulate or implement policies that impede Burma's transition to democracy or who benefit from such policies, and the immediate families of such persons. NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as President by the Constitution and the laws of the United States of America, including sections 212 (f) and 215 of the Immigration and Nationality Act of 1952, ae amended (8 U.S.C. 1182 (f), 11B5), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 or 3 of this proclamation, be detrimental to the interests of the

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United States. I therefore, do proclaim that: Section 1. immigrants implement, transition members of

The entry into the United States as and nonimmigrants of persons who formulate, or benefit from policies that impede Burma's to democracy, and the immediate family such persons, is hereby suspended.

Sec. 2. Section 1 shall not apply with respect to any person otherwise covered by section 1 where the Secretary of State determines that the entry of such person would not be contrary to the interests of the United States. Section 1 shall not apply to officials assigned to Burmese missions in the United States or working-level support staff and visitors who support the work of Burmese missions in the United States. Sec. 3. Persons covered by sections 1 and 2 shall be identified pursuant to procedures established by the Secretary of State, as authorized in section 6 below. Sec. 4. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements. Sec. 5. This proclamation is effective immediately and shall remain in effect until such time as the Secretary of state determines that it is no longer necessary and should be terminated. [[Page 52234]] Sec. 6. The Secretary of State shall have responsibility to implement this proclamation pursuant to procedures the Secretary may establish. The Secretary of State may eubdelegate the authorities set forth herein as he deems necessary and appropriate to implement this proclamation. Sec. 7. This proclamation may be repealed, in whole or in part, at such time as the Secretary of State determines that the Burmese regime has released National League for Democracy members currently being held for political offenses and other pro-democracy activists, enters into genuine dialogue with the democratic opposition, or makes significant progress toward improving the human rights situation in the country. IN WITNESS WHEREOF, I have hereunto set my hand this third day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twentyfirst. (Presidential Sig.) cClintonl><:Clinton2> [FR DOC. 96-25917 Filed 10-04-96; 8:45 am] Billing code 3195-01-P

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Presidential Proclamation 5377 of October 4,1985

Suspension of Entry as Nonimmigrants by Officers of Employees of the Government of Cuba or the Communist Party of Cuba By the President of the United States of America A Proclamation In light of the current state of relations between the United States and Cuba, including the May 20,1985, statement that the Government of Cuba had decided "to suspend all types of procedures regarding the execution" of the December 14,1984, immigration agreement between the United States and Cuba, thereby disrupting normal migration procedures between the two countries, I have determined that it is in the interest of the United States to impose certain restrictions on entry into the United States of officers or employees of the Government of Cuba or the Communist Party of Cuba. NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as President by the Constitution and laws of the United States of America, including section 212(f) of the Immigration and Nationality Act of 1952, as amended [8 U.S.C. 1182(f)], having found that the unrestricted entry of officers or employees of the Government of Cuba or the Communist Party of Cuba into the United States would, except as provided in Section 2, be detrimental to the interests of the United States, do proclaim that Section 1. Entry of the following classes of Cuban nationals as nonimmigrants is hereby suspended: [a] officers or employees of the Government of Cuba or the Communist Party of Cuba holding diplomatic or official passports; and [b] individuals who, notwithstanding the type of passport that they hold, are considered by the Secretary of State or bis designee to be officers or employees of the Government of Cuba or the Communist Party of Cuba. Sec, 2. The suspension of entry as nonimmigrants set forth in Section 1 shall not apply to officers or employees of the Government of Cuba or the Communist Party of Cuba: [a] entering for the exclusive purpose of conducting official business at the Cuban Interests Section in Washington; at the Cuban Mission to the United Nations in New York when, in the judgement of the Secretary of State or his designee, entry for such purpose is required by the United Nations Headquarters Agreement; [b] in the case of experts on a mission of the United Nations; and in the case of individuals coming to the United States on official United Nations business as representatives of nongovernmental organizations when, in the judgement of the Secretary of State or his designee, entry for such purpose is required by the United Nations Headquarters Agreement; or [c] in such other cases or categories of cases as may be designated from time to time by the Secretary of State or his designee. Sec. 3. This Proclamation shall be effective immediately. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of Oct in the year of 2

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of our Lord nineteen hundred and eighty-five, and of the Independence of the United States of America the two hundred and tenth. [signed] Ronald Reagan TABLE OF CONTENTS

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[Federal Register: November 17, 1999 (Volume 64, Number 221)1 [Presidential Documents] [Page 62561-62562] Presidential Documents

Title 3-The President [[Page 62561]] Proclamation 7249 of November 12, 1999 Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Repression of the Civilian Population in Kosovo or for Policies That Obstruct Democracy in the Federal Republic of Yugoslavia (Serbia and Montenegro) P^FRY 11 ) or Otherwise Lend Support to the Current Governments of the FRY and of the Republic of Serbia By the President of the United States of America A Proclamation In light of the actions of President Slobodan Milosevic and other officials of the Federal Republic of Yugoslavia (Serbia and Montenegro) ("^FRY11) and the Republic of Serbia against elements of the civilian population of Kosovo, including actions within the jurisdiction of the International Criminal Tribunal for the former Yugoslavia; in light of actions being taken by the Milosevic regime to obstruct democracy and to suppress an independent media and freedom of the press in the FRY, Serbia, Montenegro, and Kosovo; and in light of the ongoing efforts of the Milosevic regime and its supporters to thwart the economic sanctions imposed by the United States and other countries against the FRY, I have determined that it is in the interests of the United States to suspend the entry into the United States of certain officials of the FRY Government and the Government of the Republic of Serbia and of other persons who either act in support of such officials' policies or who are closely associated with such officials. NOW, THEREFORE, I, WILLIAM J. CLINTON, by the powers vested in me as President by the Constitution and the laws of the United States of America, including section 212 (f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United states of persons described in section 1 of this proclamation would, except as provided for in sections 2 through 4 of this proclamation, be detrimental to the interests of the United States. I do therefore hereby proclaim that:

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Section 1. The immigrant and nonimmigrant entry into the United States of the following persons is hereby suspended: (a) Slobodan Milosevic and other persons who, as senior FRY or Serbian officials or as members of the FRY and/or Serbian military or paramilitary forces, formulated, implemented, or carried out repressive actions against the civilian population in Kosovo; (b) Officials of the Government of the FRY or of the Republic of Serbia and FRY nationals who formulate, implement, or carry out policies obstructing or suppressing freedom of speech or of the press in the FRY, Serbia, Montenegro, or Kosovo, or who otherwise are obstructing efforts to establish a peaceful and stable democracy in these areas; (c) Officials of the Government of the FRY or of the Republic of Serbia and FRY nationals who, individually or as officers or employees of business or financial entities, engage in financial transactions that materially support the Government of the FRY, the Government of the Republic of Serbia, Slobodan Milosevic, or members of the Milosevic regime; and [[Page 62562]] (d) Any spouse, minor child, close relative, or close personal associate of any person described in subsections (a) through (c) above, if the entry into the United States of such spouse, minor child, close relative, or close personal associate would not be in the interests of the United States in light of the objectives of this proclamation. Sec. 2. Section 1 shall not apply with respect to any person otherwise covered by section 1 where the entry of such person would not be contrary to the interests of the United States. Sec. 3. Persons covered by sections 1 and 2 shall be identified by the Secretary of State, or the Secretary's designee, in the Secretary or the Secretary's designee's sole discretion, pursuant to such procedures as the Secretary may establish under section 5 below. Sec. 4. Hothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements. Sec. 5. The Secretary of State shall have responsibility to implement this proclamation pursuant to procedures the Secretary may establish. Sec. 6. This proclamation is effective immediately and shall remain in effect, in whole or in part, until such time as the Secretary of State determines that it is no longer necessary and should be terminated, in whole or in part. IK WITNESS WHEREOF, I have hereunto set my hand this twelfth day of November, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-fourth.

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Presidential Documents

2871 Federal Register Vol. 62, No. 11

Friday, January 16, 1998 Title 3The President Proclamation 7062 of January 14, 1998 Suspension of Entry as Immigrants and Non-immigrants of Persons Who Are Members of the Military Junta in Sierra Leone and Members of Their Families By the President of the United States of America A Proclamation In light of the refusal of the military junta in de facto control in Sierra Leone to permit the return to power of the democratically elected government of that country, and in furtherance of United Nations Security Council Resolution 1132 of October 8, 1997,1 have determined that it is in the foreign policy interests of the United States to suspend the entry into the United States of aliens described in section 1 of this proclamation. NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections 212(f) and 215 of the Immigra-tion and Nationality Act of 1952, as amended (8 U.S.C. 1182(f) and 1185), hereby find that the entry into the United States of aliens described in section 1 of this proclamation, as immigrants or nonimmigrants would, except as provided for in section 2 of this proclamation, be detrimental

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to the interests of the United States. I do therefore proclaim that: Section 1. The entry into the United States as immigrants and nonimmigrants of members of the military junta in Sierra Leone and members of their families, is hereby suspended. Sec. 2. Section 1 shall not apply with respect to any person otherwise covered by section 1 where the entry of such person would not be contrary to the interests of the United States. Sec. 3. Persons covered by sections 1 and 2 shall be identified by the Secretary of State. Sec. 4. This proclamation is effective immediately and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated. Sec. 5. The Secretary of State is hereby authorized to implement this procla-mation pursuant to such procedures as the Secretary of State may establish. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of January, in the year of our Lord nineteen hundred and ninety-eight, and of the Independence of the United States of America the two hundred and twenty-second.

ID [FR Doc. 98-1346

Filed 1-15-98; 11:17 am] Billing code 3195-01-P

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DRAFT A Proclamation [No._

Suspension of Entry as Immigrants and Nonimmigrants of Certain Persons Connected to the September 11,2001, Terrorist Attacks at the World Trade Center, New York, New York, and the Pentagon and Other Persons Connected to Terrorist States and Organizations

October _, 2001

By the President of the United States of America A Proclamation In light of the September 11,2001, terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States, with respect to which 1 declared a national emergency hi Proclamation 7463 of September 14,2001, and in light of S.J. Res. 23, the Authorization for Use of Military Force, I have determined that it is in the interests of the United States to suspend the entry into the United States of America of persons suspected of providing material support to or harboring tine individuals or organizations that carried out the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines Flight 93, of other persons suspected of providing or having provided support to such persons or who are closely associating with such persons, of nationals of Afghanistan, Lebanon and all countries designated as state sponsors of terrorism, and of those associated with all designated foreign terrorist organizations. NOW, THEREFORE, I, GEORGE W. BUSH, by the powers vested in me as President by the Constitution and the laws of the United States of America, including section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would, except as provided for in sections 2 through 5 of this proclamation, be detrimental to the interests of the United States. I do therefore hereby proclaim that: Section 1. The immigrant and nonimmigrant entry into the United States of the following persons is hereby suspended: (a) Persons who are suspected of providing or having provided material support to the individuals or groups who formulated, implemented, or carried out the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93;

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(b) Persons who, individually or as officers or employees of business or financial entities, engage in financial transactions that materially support or supported the individuals or groups who are suspected of formulating, implementing, or carrying out the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93; (c) Persons who are nationals of any nation that is determined, pursuant to section 2(a) of S.J. Res. 23, to have planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93; (d) Persons who are nationals of any nation that is determined, pursuant to section 2(a) of S J. Res. 23, to have harbored an organization or person that planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93; (e) Persons who are nationals of Afghanistan, Cuba, Iran, Iraq, Lebanon, Libya, North Korea, Sudan, or Syria; (f) Persons who are or suspected of being members or representatives of organizations that have been designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or who support or who are suspected of supporting by any means these designated foreign terrorist organizations;

and (g) Any spouse, minor child, close relative, or close personal associate of any person described in subsections (a) through (f) above, if the entry into the United States of such spouse, minor child, close relative, or close personal associate would not be in the interests of ttie United States in light of the objectives of this proclamation. Sec. 2. Section I of this proclamation shall not apply with respect to any person otherwise covered by section 1 where the Attorney General, in consultation with the Secretary of State, determines that the entry of such person would not be contrary to the interests of the United States. Sec. 3. I hereby delegate to the Secretary of State, in consultation with the Attorney General, the authority vested in me by section 2(a) of S.J. Res. 23 to determine which nations planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines Flight 93, or harbored organizations or persons who planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines Flight 93.

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Sec. 4. Persons covered by section 1 shall be identified by the Secretary of State, or the Secretary's designee, in consultation with the Attorney General, pursuant to such procedures as the Secretary may establish. Sec. 5. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements. Sec. 6. This proclamation is effective immediately and shall remain in effect, in whole or in part, until such time as the Secretary of State, in consultation with the Attorney General, determines that it is no longer necessary and should be terminated, in whole or in part. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-sixth. GEORGE W. BUSH

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DRAFT B Proclamation [No. Suspension of Entry as Immigrants and Nonimmigrants of Certain Persons Connected to the September 11,2001, Terrorist Attacks at the World Trade Center, New York, New York, and the Pentagon and Other Persons Connected to Terrorist States and Organizations October

,2001

By the President of the United States of America A Proclamation In light of the September 11,2001, terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States, with respect to which I declared a national emergency in Proclamation 7463 of September 14,2001, and in light of S.J. Res. 23, the Authorization for Use of Military Force, I have determined that it is in the interests of the United States to suspend the entry into the United States of America of persons suspected of providing material support to or harboring the individuals or organizations that carried out the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines Flight 93, of other persons suspected of providing or having provided support to such persons or who are closely associating with such persons, of nationals of Afghanistan, Lebanon and certain countries that are designated as state sponsors of terrorism, and of those associated with certain designated foreign terrorist organizations. NOW, THEREFORE, I, GEORGE W. BUSH, by the powers vested in me as President by the Constitution and the laws of the United States of America, including section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would, except as provided for in sections 2 through 5 of this proclamation, be detrimental to the interests of the United States. I do therefore hereby proclaim, that: Section 1. The immigrant and nonimmigrant entry into the United States of the following persons is hereby suspended: (a) Persons who are suspected of providing or having provided material support to the individuals or groups who formulated, implemented, or carried out the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93;

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(b) Persons who, individually or as officers or employees of business or financial entities, engage in financial transactions that materially support or supported the individuals or groups who are suspected of formulating, implementing, or carrying out the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93; (c) Persons who are nationals of any nation that is determined, pursuant to section 2(a) of S.J. Res. 23, to have planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93; (d) Persons who are nationals of any nation that is determined, pursuant to section 2(a) of S J Res. 23, to have harbored an organization or person that planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines flight 93;

(e) Persons who are nationals of Afghanistan, Iran, Iraq, Lebanon, Libya, Sudan, or Syria; (f) Persons who are or suspected of being members or representatives of the following organizations that have been designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or who support or who are suspected of supporting by any means these designated foreign terrorist organizations (including all names of such organizations identified by the Secretary of State in the designation notices): al Qa'ida; Abu Nidal Organization; Abu Sayyaf Group; Armed Islamic Group; Gama'a al-Islamiyya; HAMAS- Harakat ul-Mujahideen; Hizballah; Islamic Movement of Uzbekistan; al-Jihad; Mujahedin-e Khalq Organization; Palestine Islamic Jihad-Shaqaqi Faction; Palestine Liberation Front-Abu Abbas Faction; Popular Front for the Liberation of Palestine; or Popular Front for the Liberation of Palestine-General Command;

and (g) Any spouse, minor child, close relative, or close personal associate of any person described in subsections (a) through (f) above, if the entry into the United States of such spouse, minor child, close relative, or close personal associate'would not be in the interests of the United States in light of the objectives of this proclamation. Sec. 2. Section 1 of this proclamation shall not apply with respect to any person otherwise covered by section 1 where the Attorney General, in consultation with the Secretary of State, determines that the entry of such person would not be contrary to the interests of the United States. Sec 3. I hereby delegate to the Secretary of State, in consultation with the Attorney General, the authority vested in me by section 2(a) of S.J. Res. 23 to determine which nations planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines Flight 93, or harbored

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organizations or persons who planned, authorized, committed, or aided the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and the hijacking of United Airlines Flight 93. Sec. 4. Persons covered by section 1 shall be identified by the Secretary of State, or the Secretary's designee, in consultation with the Attorney General, pursuant to such procedures as the Secretary may establish. Sec. 5. Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements. Sec. 6. This proclamation is effective immediately and shall remain in effect, in whole or in part, until such time as the Secretary of State, in consultation with the Attorney General, determines that it is no longer necessary and should be terminated, in whole or in part. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, in the year of our Lord two thousand one, and of the Independence of the United States of America the two hundred and twenty-sixth. GEORGE W. BUSH

OAG015-1079

Exec. Order No. 13224 1001 WL 1126562 (Prcs.) (Cite as: 66 FR 49079)

Page 2

Executive Order 13224

Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism September 23,2001 *49079 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq .)(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287cl (UNPA), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution (UNSCR) 1214 of December 8,1998, UNSCR 1267 of October 15,1999, UNSCR 1333 of December 19,2000, and the multilateral sanctions contained therein, and UNSCR 1363 of July 30,2001, establishing a mechanism to monitor the implementation of UNSCR 1333, I, GEORGE W. BUSH, President of the United States of America, find that grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York, Pennsylvania, and the Pentagon committed on September 11,2001, acts recognized and condemned in UNSCR 1368 of September 12,2001, and UNSCR 1269 of October 19,1999, and the continuing and immediate threat of further attacks on United States nationals or the United States constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and in furtherance of my proclamation of September 14.2001, Declaration of National Emergency by Reason of Certain Terrorist Attacks, hereby declare a national emergency to deal with that threat. I also find that because of the pervasiveness and expansiveness of the financial foundation of foreign terrorists, financial sanctions may be appropriate for those foreign persons that support or otherwise associate with these foreign terrorists. I also find that a need exists for further consultation and cooperation with, and sharing of information by, United States and foreign financial institutions as an additional tool to enable the United States to combat the financing of terrorism. I hereby order. Section 1. Except to the extent required by section 203(b) of IEEPA (50 U.S.C. 1702(bfl. or provided in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding 'any contract entered into or any license or permit granted prior to the effective date of this order, all propert and interests in property of the following persons that are in the United States or that hereafter come within the United States, or that hereafter come within the possession or control of United States persons are blocked: (a) foreign persons listed in the Annex to this order, (b) foreign persons determined by the Secretary of State, in consultation with the Secretary of the Treasui and the Attorney General, to have committed, or to pose a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United Copr. © West 2001 No Claim to Orig. U.S. Govt Works

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ec. Order No. 13224 01 WL 1126562 (Pres.) iteas:66FR49079)

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jrtes; c) persons determined by the Secretary of the Treasury, in consultation with the Secretary of State and <e Attorney General, to be owned or controlled by, or to act for or on "behalf of those persons listed in the .... nnex to this order or those persons determined to be subject to subsection 1 (b), 1 (c), or 1 (d)(i) of this •tier; *49080 (d) except as provided in section 5 of this order and after such consultation, if any, with foreign authorities s the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General, eems appropriate in the exercise of his discretion, persons determined by the Secretary of the Treasury, in onsultation with the Secretary of State and the Attorney General; (i) to assist in, sponsor, or provide financial, material, or technological support for, or financial or other ervices to or in support of, such acts of terrorism or those persons listed in the Annex to this order or etermined to be subject to this order, or (ii) to be otherwise associated with those persons listed in the Annex to this order or those persons ietermined to be subject to subsection 1(b), 1(c), or 1(dXO of this order. Sec. 2. Except-to the extent required by section 203(b) of IEEPA (50 U.S.C. 1702001 or provided in egulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding my contract entered into or any license or permit granted prior to the effective date: (a) any transaction or dealing by United States persons or within the United States in property or interests .1 property blocked pursuant to this order is prohibited, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of those persons listed in the Annex to this jrder or determined to be subject to this order, (b) any transaction by any United States person or within the United States that evades or avoids, or has .he purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this order is jrohibited; and (c) any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For purposes of this order (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, corporation, or other organization, group, or subgroup; (c) the term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States; and ,„-,..

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ixec. Order No. 13224 .001 WL 1126562 (Pres.) Cite as: 66 FR 49079)

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(d) the term "terrorism" means an activity that(i) involves a violent act or an act dangerous to human life, property, or infrastructure; and (ii) appears to be intended— (A) to intimidate or coerce a civilian population; (B) to influence the policy of a government by intimidation or coercion; or (C) to affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking. Sec. 4.1 hereby determine that the making of donations of the type specified in section 203(bX2) of IEEPA (50 U.S.C. 1702(b)(2)) by United States persons to persons determined to be subject to this order would seriously impair my ability to deal with the national emergency declared in this order, and would endanger Armed Forces of the United States that are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances, and hereby prohibit such donations as provided by section 1 of this order. Furthermore, I hereby determine that the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public Law 106-387) shall not affect the imposition or the continuation of the imposition of any unilateral agricultural sanction or unilateral medical sanction on M9081 any person determined to be subject to this order because imminent involvement of the Armed Forces of the United States in hostilities is dearly indicated by the circumstances. Sec. 5. With respect to those persons designated pursuant to subsection 1(d) of this order, the Secretary of the Treasury, in the exercise of his discretion and 'm consultation with the Secretary of State and the Attorney General, may take such other actions than the complete blocking of property or interests in property as the President is authorized to take under IEEPA and UNPA if the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, deems such other actions to be consistent with the national interests of the United States, considering such factors as he deems appropriate. Sec. 6. The Secretary of State, the Secretary of the Treasury, and other appropriate agencies shall make all relevant efforts to cooperate and coordinate with other countries, including through technical assistance, as well as bilateral and multilateral agreements and arrangements, to achieve the objectives of this order, including the prevention and suppression of acts of terrorism, the denial of financing and financial services to terrorists and terrorist organizations, and the sharing of intelligence about funding activities in support of terrorism. Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and UNPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of j&is , T ; Copr. © West 2001 No Claim to Orig. U.S. Govt Works

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sc. Order No. 13224 )1WL1126562 (Pres.) iteas:66FR49079)

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er. ec 8 Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, ders "licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or jreafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or jrsuant to this order. ;ec 9 Nothing contained in this order is intended to create, nor does it create, any right, benefit, or ivllege, substantive or procedural, enforceable at law by a party against the United States, its agencies, ficers, employees or any other person. >ec 10 For those persons listed in the Annex to this order or determined to be subject to this order who irah't have a constitutional presence in the United States, I find that because of the ability to transfer funds r assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would snder these measures ineffectual. I therefore determine that for these measures to be effective in ddressing the national emergency declared in this order, there need be no prior notice of a listing or etermination made pursuant to this order. Sec. 11. (a) This order is effective at 12:01 a.m. eastern daylight time on September 24, 2001. M9082 (b) This order shall be transmitted to the Congress and published in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, September 23,2001. TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE Exec. Order No. 13224,66 FR 49079,2001 WL 1126562 (Pres.) END OF DOCUMENT

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ANNEX

Al Qaida/lslamic Army Abu Sayyaf Group Armed Islamic Group (GIA) Harakat ul-Mujahidin (HUM) Al-Jihad (Egyptian Islamic Jihad) Islamic Movement of Uzbekistan (IMU) Asbat al-Ansar Salafist Group for Call and Combat (GSPC) Libyan Islamic Fighting Group Al-Itihaad al-Islamiya (AIAI) Islamic Army of Aden Usama bin Laden Muhammad Atif (aka, Subhi Abu Sitta, Abu Hafs Al Masri) Sayf al-Adl Shaykh Sai'id (aka, Mustafa Muhammad Ahmad) Abu Hafs the Mauritanian (aka, Mahfouz Quid al-Walid, Khalid AlShanqiti) Ibn Al-Shaykh al-Libi Abu Zubaydah (aka, Zayn al-AbidIn Muhammad Husayn, Tariq) Abd al-Hadi al-Iraqi (aka, Abu Abdallah) Ayman al-Zawahiri Thirwat Salah Shihata Tariq Anwar al-Sayyid Ahmad (aka, FathI, Amr al-Fatih) Muhammad Salah (aka, Nasr Fahml Nasr Hasanayn) Makhtab Al-Khidamat/AI Kifah Wafa JHumanitarian Organization Al Rash id Trust

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xutivt Order

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f I.

ARRIVALS IN THE UNITED STATES AND POSSIBILITIES OF ENHANCED SCRUTINY I.

ALIENS OUTSIDE THE U.S.

A.

INSPECTIONS PROCESS

More than 500 million people, both U.S. citizens and aliens, enter the U.S. each year. In order to enter legally, an alien must arrive at a designated land, air or sea port-of-entry and be inspected and admitted. Aliens seeking entry into the United States are inspected at ports-ofentry by Immigration Inspectors who determine their admissibility. The inspector is responsible for determining 'the nationality and identity of each applicant for admission. U.S. citizens are examined to verify citizenship, although a passport is not required of a U.S. citizen who travels to the United States from anywhere in the Western Hemisphere. Since 1991, through the "TIPOFF' program, the INS, the Department of State (DOS), and the law enforcement and intelligence communities have engaged in a cooperative effort to use sensitive intelligence information relating to terrorists and criminals for visa issuance and admissions. After signing a Memorandum of Understanding with DOS, a law enforcement or intelligence agency may submit information (usually classified) to DOS for entry into the TIPOFF system. DOS extracts the following information and provides them to INS and Customs for entry in their LOOKOUT databases (NAILS for INS and TECS for Customs): name, date of birth, country of origin, passport number, and code designator (type of case). The agency supplying the information controls the use of the information. When the alien arrives at an air or sea port-of-entry, the Immigration Inspector inspects all aliens to determine admissibility. In addition, the U.S. Customs Service conducts selective inspections and other Federal Inspection Services may also be present All travelers are queried in the Interagency Border Inspection System (IBIS), which links to TIPOFF, during the primary inspection. The arrival of most classes of nonimmigrants is documented by the INS on Form I94. At land ports-of-entry, Immigration and Customs Inspectors share the examination of U.S. citizens and the inspection of aliens. All license plates are queried in IBIS during primary inspection as are the names of travelers referred for a secondary inspection. Immigration Inspectors document the arrival of third country nationals, but generally not those of Canadian and Mexican nationals (see sections I.B.5a. and c). B.

METHODS OF ARRIVAL AND DOCUMENT REQUIREMENTS

In general, an alien must be in possession of a valid, unexpired, nonimmigrant or immigrant visa in addition to a passport The primary inspection of aliens is the same whether or not they are subject to documentary requirements. If an inspector has doubts about the identity and citizenship of a traveler or a traveler does not appear admissible to the United States, he will be referred for a secondary inspection. If the traveler is required to present a valid passport, the inspector confirms the identity of the traveler with me passport. If the traveler is not required, and does not present a valid passport, the inspector must attempt to ascertain identity and

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citizenship by relying on secondary documentation, such as a birth certificate or driver's license, or even the verbal assertion of the traveler. An alien may enter the United States in the following ways, with varying degrees of screening. There are circumstances, however, where an alien may be exempted, by statute or regulation, from either or both of those requirements, as described below. 1. Nonimmigrant visas Description: Nonimmigrant visas are issued to aliens for temporary stays in the United States. The categories are described alphabetically (A through V) and correspond to particular paragraphs of Sectionl01(aXl5)oftheINA. gee Attachment 1 for nonimmigrant visa categories and descriptions. To qualify as a nonimmigrant, in addition to not being subject to any of the grounds of inadmissibility, unless waived, the applicant must satisfy the requirements of the classification requested For most categories, the applicant must establish that he or she intends to depart from the U.S. after the period of authorized stay expires. Some nonimmigrant visa classifications require that the applicant maintain a residence abroad that he or she has no intention of abandoning. During the authorized period of stay in the United States, aliens in certain nonimmigrant classes may request permission from the INS to change from one nonimmigrant visa category to another. DOS may issue a single or multiple entry visa. INS generally admits the nonimmigrant visitors for business or pleasure (B visas) for six months, regardless of how long they indicate they intend to visit, and the alien may request an extension. Estimate: In Fiscal Year (FY) 2000, the Department of State (DOS) issued more than 44 million nonimmigrant visas. Of these, 12.8 million were B visitors for business or pleasure, 10 million were F students, and 11 million were J exchange visitors. See Attachment 2. DOS continues to issue visas to nationals of problem countries at roughly the same rate after September 11 as it did before. See Attachment 3. Current Screening: All visas are issued by DOS and the visa applicant must submit a visa application, photograph, valid passport (with certain limited exceptions), and any required supporting documentation. The applicant may apply through the mail or be required to be interviewed in person by a consular officer. The applicant's name is checked in the DOS' Consular Lookout and Administrative Support System (CLASS), which links with TIPOFF. DOS has further screening requirements for aliens of certain nationalities and those suspected of being inadmissible on security-related grounds.1 For some cases, DOS conducts further screening through FBI by providing the FBI with a limited period of time in which to respond

1

The specific countries aref"" 9/11 Closed by Statute

J DOS has issued to all Consular Officers specific instructions on how to handle visa applications by nationals of these countries, includbg specific consultation requirements and questions for the applicant

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and if DOS does not receive a response within that time period, the visa is issued. Enforcement: The INS generally does not monitor nonimmigrants after they enter but does keep track of their entry by manually inputting arrival and departure information into the Nonimmigrant Information System (NIIS). Currently, the INS does not know with certainty whether any nonimmigrant departs the U.S. as required and does not track whether students or other nonimmigrants are complying with terms of their visas. In recent years, Congress enacted two provisions that would enhance the monitoring of nonimmigrants after arrival: the Data Management Improvement Act (DMIA) requires the Attorney General to establish a task force of government and nongovernment officials to study the requirements of an automated entry/exit system and to implement such a system at some ports-of-entry in 2003,2 and the 1996 Immigration Act requires the implementation of a system to track foreign students (F, J and M visa holders) in 2003.3 Possible Enhanced Screening/Enforcement: (1) Direct DOS to restrict visa issuance to nationals of particular countries. (2) Request that the President issue a 2I2(f) Proclamation.4 (3) Attach registration, reporting requirements, and other conditions to nonimmigrant visas (as discussed in part II below). (4) Require FBI and CIA to check each applicant from certain countries before a visa is issued. DOS could not issue a visa without a response. (5) Consider taking control of TIPOFF system out of DOS so that intelligence/law enforcement agencies will have confidence that sensitive information will be protected and will, therefore, share more information. (6) Require travelers to have machine-readable passports and other travel documents complying with established International Civil Aviation Organization standards. (7) Expand the use of IBIS queries at land border ports-of-entry. (8) Instruct DOS to limit issuance of multiple entry visas. (9) Instruct INS to admit nonimmigrants for the minimum period of time requested and to deny requests for extensions.

In April 2001, the INS sent to the Attorney General a recommendation regarding the task force composition. The Office of the Attorney General determined that it would be appropriate to wait for Commissioner Ziglar's review of the proposal. We have requested Commissioner Ziglar to submit his recommendation as soon as possible. 2

The rule authorizing a collection of a $95 fee from each F, J and M visa applicant to fund this Student Exchange Visitor Information System (SEVIS) is in the final stages of being drafted and will be sent to the Office of Management and Budget in the near future.

3

* Under Section 212(f) of the Immigration and Nationality Act, "if the President finds that the entry of any alien or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate...". The President may broadly describe a category of individuals to be covered by the Proclamation.

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(10) Instruct INS to expedite DMIA entry/exit study and implementation of SEVIS foreign student tracking system. 2. Immigrant Visas Description: Immigrant visas are visas permitting lawful permanent residence in the United States. There are three broad categories of immigrant visas and each category has an annual numerical limitation: family-based (no limit for "immediate relatives" but a minimum 226,000 for all other categories); employment-based (140,000); and diversity (55,000). Immigrant visas are issued by the DOS at consular posts outside the United States and, upon arrival in the United States the immigrant visa holder is admitted as a permanent resident. Under certain circumstances, an alien already in the United States may be able to adjust his or her status to that of a permanent resident Applicants for family or employment-based immigrant visas or adjustment of status must first have a visa petition approved by the INS for the allocation of a visa number, and the Department of Labor must approve certifications from employers that are required for most labor-based visas. Estimates: hi FY 99, 646,568 aliens legally immigrated to the United States: 476,445 fiunily-sponsored, 56,817 employment-based, 47,571 diversity, and 65,735 others. Of the total, 401,775 aliens were processed overseas by DOS and 244,793 by INS through adjustment of status in the U.S. Current Screening: Overseas, DOS conducts a personal interview and runs the person through the DOS databases. For cases processed by INS in the United States, each applicant for adjustment of status must submit photographs, fingerprints and biographic information to the INS. The INS submits the fingerprints to the FBI for criminal history checks and the biographic information to the CIA for other database checks. In 1999, due to the large backlog of applications for adjustment of status and the length of time for the CIA to respond with the results of the checks, the INS implemented a policy mat allowed aliens to be granted permanent residence before the INS receives the CIA's response. This created problems in those cases where the CIA possessed derogatory information about the applicant because the CIA's responses are usually classified, and the INS cannot revoke permanent resident status based on classified information. Possible Enhanced Screening: (1) Require FBI and CIA concurrence for all immigrant visa applications processed by DOS. (2) Fingerprint all immigrant visa applicants. (3) Instruct INS to change policy and require CIA response on every applicant for adjustment of status.

OAG015-1097

3. Refugees Description: Refugees are aliens outside the U.S. whom the INS determines have experienced past persecution or face a "well-founded fear" of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. After consultation with the Congress, the President determines the annual refugee limit based on humanitarian concerns, the public interest, or an unforeseen emergency, and divides the overall number among various regions of the world. DOS then determines the nationalities and criteria for INS to conduct interviews. Estimate: Between 70,000 and 99,000 refugees have been admitted to U.S. each year for the past six fiscal years. DOS has proposed that the President set a ceiling of 70,000 for FY 02, which includes up to 15,000 from the Near East and South Asia region (primarily Afghanistan, Iran and Iraq), as well as 22,000 from Africa (including Sudanese and Somalis). Current Screening: The INS conducts a personal interview for each applicant for refugee status. The INS examines each refugee to determine whether he or she is admissible, and DOS runs limited database checks, but refugees are not fingerprinted. If approved, DOS then works with international non-governmental organizations to find a sponsor who agrees to help resettle the refugee in the U.S. Refugees are then admitted to the U.S. without visas and the Department of Health and Human Services assists in their resettlement Any refugee may apply for permanent residence after one year in the U.S. Possible Enhanced Screening: (1) Fingerprint and perform LOOKOUT queries on all refugee applicants. (2) Require FBI and CIA concurrence for all approvals for nationals of countries of concern, such as Iran, Iraq, Afghanistan, Sudan, Somalia, Ethiopia, Algeria, Lebanon, Syria, and Yemen. (3) Cease granting refugee status to nationals of countries of concern. 4. Parolees Description: Section 212(d)(5) of the Immigration and Nationality Act authorizes the Attorney General to "parole" an alien on a case-by-case basis for "urgent humanitarian reasons or significant public benefit" A grant of parole does not constitute a formal admission to the United States, and in most cases, it permits the alien to remain in the country for only a brief, temporary period. The INS exercises the Attorney General's parole authority. Parole decisions are made bom locally in INS district offices and at INS Headquarters, which adjudicates "significant public benefit" parole requests from law enforcement agencies and private individuals. The INS may parole an alien for various reasons: for the alien to obtain medical treatment; for the alien to cooperate with or be a defendant in a criminal investigation or prosecution; or for me INS to defer the inspection to a later date because the inspector cannot make a decision on admissibility (the individual is required to report to a designated INS district office at a later date to complete the inspection).

OAG015-1098

Estimate: In FY 99, nearly 264,000 aliens were paroled into the U.S. 196,000 of these parole determinations were made at port-of-entry by the District Office. 9,600 additional parolees were given parole for "deferred inspection."5 Current Screenine: Some categories of parolees go through a thorough interagency vetting process and others do not. The INS should check available databases at the ports-of-entry in making determinations at die local level, but the OIG audit indicates that some paroled aliens had adverse criminal or immigration histories. Certain parole determinations made by INS Headquarters go through a more thorough vetting process, such as those made at the request of a law enforcement agency, through which officials from the Drug Enforcement Agency, FBI, U.S. Marshals Service, and Customs Service, are notified of the parole request and have the opportunity to object. Possible Enhanced Screening: (1) Require FBI and CIA database checks for all potential parolees. (2) Require posting of a bond or reporting requirements as condition of parole. (3) Instruct INS to cease paroling aliens for deferred inspection. (4) Consider prohibiting parole for certain nationalities. 5. Visa Exemptions Certain other categories of aliens do not need visas, as described below. a. Canadians and certain others Description: Under INS regulations, a passport is not required of U.S. or Canadian citizens who travel to the United States from anywhere in the Western Hemisphere. A visa is not normally required for Canadian citizens, British subjects in Bermuda, and under specific circumstances, Bahamian nationals or British subjects resident in Bahamas, Cayman Islands, and Turks and Caicos Islands. Also, a visa is not required for certain British, French or Netherlands nationals of Barbados, Grenada, Jamaica, Trinidad and Tobago, and the British Virgin Islands. Estimates: INS estimates that, of the approximately 500 million annual entries in the United States, 285 million are made at land border ports-of-entry. A significant percentage of these entries are made by Canadians and Mexicans with Border Crossing Cards (see section 5c.

During the week of September 24, the Office of the Inspector General (OIG) released an audit which found that nearly 11 percent of individuals paroled into the country for deferred inspection program foiled to appear for the completion of their inspection. OIG estimates that about 10,000 inspections are deferred annually and that adequate procedures were not in place to ensure that individuals who fail to appear are either brought in to complete their inspections or are appropriately penalized for failing to do so. According to OIG, INS Inspectors had identified more than SO percent of those who failed to appear as either having criminal records or immigration violations at the time of entry.

5

OAG015-1099

below). Screening: See Section IA. INS does not record arrival and departure information for Canadians. Possible Enhanced Screenine: (1) Review visa and passport exemptions. (2) Expand the categories of aliens whose arrivals and departures are recorded. b. Visa Waiver Programs Description: The Visa Waiver Program (VWP) enables citizens of participating countries to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa. The VWP is administered by the Attorney General in consultation with the Secretary of State. Currently there are 29 participating countries in the VWP: Andorra, Argentina, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom and Uruguay. The Guam Visa Waiver Program permits nationals of certain countries in the general area surrounding Guam to visit Guam only for tourism or business for 15 days or less without obtaining a U.S. visa. Under both programs, the alien must waive his right to hearing before an immigration judge to be issued the visa. Estimate: In FY 98, more than 17 million aliens were admitted through the VWP. Screening: Since there is no visa application, the only screening is done at the port-ofentry. When the alien arrives at an air or sea port-of-entry, the Immigration Inspector inspects all aliens to determine admissibility. In addition, the U.S. Customs Service conducts selective inspections and other Federal Inspection Services may also be present. All travelers are queried in the Interagency Border Inspection System (IBIS) during the primary inspection. The arrival of most visa waiver nonimmigrants is documented by the INS on Form I-94W. At land ports-ofentry, Immigration and Customs Inspectors share the examination of U.S. citizens and the inspection of aliens. All license plates are queried in IBIS during primary inspection as are the names of travelers referred for a secondary inspection. Possible Enhanced Screening: (1) INS is currently reviewing six VWP countries and will provide recommendations regarding appropriate further action. (2) Enhance scrutiny for future additions to VWP.

OAG015-1100

c. Border Crossing Cards Description: Mexican nationals and lawful permanent residents of Canada may be admitted to the United States without a valid passport and visa upon presentation of a valid "border crossing card" (BCC) to temporarily visit a location within 25 miles of the border (75 miles to visit Tucson) for less than 72 hours. The BCC may also be used as a visitor's visa when presented with a valid passport. Estimate: Over 4 million new machine-readable cards have been issued to Mexican nationals and Canadian lawful permanent residents. After DOS finishes processing all those who have requested new cards, it is likely that there will be about 5 million BCC holders. These BCC holders will make repeated entries at the land border ports-of-entry. Current Screening: BCCs are currently issued by the DOS after an interview and database checks. As of October 1,2001, the only valid BCC is the new machine-readable card that contains biometric information (photograph and fingerprint). The INS, however, does not currently possess the readers and only checks the photograph to verify that the person who presents the card appears in the photograph. Possible Enhanced Screening: (1) Require INS to purchase readers to electronically scan all BCCs. This will verify the identity of the BCC holder and could be used upon exit as well to ensure that the individual departs. (2) Until readers are in place, expand the categories of aliens whose arrivals and departures are recorded. IL

ALIENS ALREADY PRESENT IN THE UNITED STATES

Even if we were successful in preventing the entry of all aliens intent on committing terrorist acts in the United States, we still have to deal with the risk posed by the millions of aliens already in the country, as well as by those who enter illegally (either over the border or by fraud). For the most part, the INS does not attempt to track down aliens who are out of status to remove them from the country. Directing INS to intensify its searches for people who are out of status might result in the removal of some dangerous aliens, but only incidentally. There is little or no reason to believe that aliens who are out of status are any more dangerous than aliens who are legally present. Most of the 19 hijackers, for example, were legally present. If we want to try to identify dangerous aliens, we probably should not simply ask INS to try to find people who are out of status. Nevertheless, the immigration laws do contain several tools that could be implemented to increase our security. 1. Registration and Fingerprinting Under section 263 of the Immigration and Nationality Act, the Attorney General is empowered to "prescribe special regulations and forms for the registration and fingerprinting" of

OAG015-1101

any class of aliens not lawfully admitted to the United States for permanent residence. Under the current regulations promulgated to implement this section, the fingerprinting and registration requirements are limited to arriving nonimmigrant aliens from specific countries as designated by the Attorney General in the Federal Register. The most recent notice, published in 1998, prescribed the photographing and fingerprinting of arriving nonimmigrant aliens from Iran, Libya, Iraq, and Sudan. The statute, however, appears to permit the Attorney General to require the registration and fingerprinting of aliens who are already present in the United States. If we decided it would be beneficial, we could amend the regulations to allow for the registration and fingerprinting of specific groups of aliens already present. 2. Interviewing or Reporting Requirements Under section 214(a) of the Immigration and Nationality Act, the admission of all nonimmigrant aliens to the United States "shall be for such time and under such conditions as the Attorney General may by regulations prescribe." The regulations currently promulgated under section 214 provide in part that a condition of a nonimmigrant's continued stay in the country "is the full and truthful disclosure of all information requested by the Service." 8 CFR 214.1(f). Assuming that it is permissible to impose conditions on the admission of nonimmigrants after they have entered, aliens could be required to submit to a detailed interview by the INS. Any alien who refused to cooperate with the interview could have his nonimmigrant status terminated under 8 CFR 214.1(f). If a person's status is terminated, he could immediately be placed in removal proceedings under section 237(a)(l)(C)(i) of the Immigration Act Unless he were entitled to some sort of immigration relief (for example asylum or protection under the Torture Convention), he could be deported.' Similarly, regulations could be issued pursuant to section 214 requiring certain aliens to report regularly to the INS. Those who fail to comply could also be stripped of their nonimmigrant status and placed into proceedings. If information is developed, from an interview or otherwise, indicating that a nonimmigrant alien poses a danger to the national security, the regulations already provide that his nonimmigrant status may be terminated "pursuant to notification in the Federal Register, on the basis of national security, diplomatic, or public safety reasons." 8 CFR 214.1(d). ENS reports that this provision has never been used. Any attempt to use it would certainly be subjected to legal challenge because it appears to permit the Attorney General to make any nonimmigrant removable, without a hearing, by simply publishing a Federal Register notice. OLC has been consulted for their view of its legality.

A possible limitation on the use of this mechanism was articulated by the Ninth Circuit in Romero v. INS. 39 F.3d 977 (9* Cir. 1994), which held that the regulation exceeded the Attorney General's authority to the extent that it allowed removal based on the provision of false information that was immaterial to the alien's immigration status.

4

OAG015-1102

3. Identifying the Group of Aliens To Scrutinize The legal tools therefore exist already for the Attorney General to order the INS to scrutinize and attempt to maintain control over aliens who are already present in the United States. In order to implement such controls, we would need to specify a group of aliens that should be subjected to these conditions. That group could be defined by several variables, including country of origin, visa type, and other "commonalities" identified by the FBI.

10

O AG015-1103

•TEMPORARY ENTRY PROGRAMS Sections 101(a)(15) and 214(e) of the Immigration and Nationality Act provide the legal authority for the temporary entry programs currently in effect Program designation A-l.A-2, A-3 B-l.B-2 WB.WT

Description Ambassadors, public Ministers and other persons accredited by a foreign government and their immediate family members and personal servants Visitors for business and for pleasure.

G-l through G-5 H-1B

Visitors for business and pleasure who are nationals of countries benefiting from the visa waiver program. Currently Mexico does not qualify for participation in the visa waiver program. Aliens in transit through the United States Aliens serving as crew on a vessel or aircraft Alien Traders and Investors based on a reciprocal, bilateral treaty. Under NAFTA, the US extended rights to this program to citizens of Mexico. Academic or language students and their dependent family members. Part-time students, such as those commuting daily from Mexico to border states, do not qualify for this program. Official representatives of a foreign government to an international organization (e.g., IMF, World Bank) Specialty occupation workers (professionals)

H-1C

Registered nurses

C-1.C-2.C-3 D-l.D-2 E-l.E-2

F-l, F-2

H-2A H-2B

Agricultural workers Other, non-agricultural workers H-3 Trainees I Representatives of a foreign media J-l.J-2 Participants in international exchange programs (e.g., Fullbright program) K-l Alien Fiance(e) of a U.S. citizen K-2 Alien Spouse or dependent child of a U.S. citizen L-lJL-2 Intracoropany transferee (executive, manager or employee with specialized knowledge of an international company) and dependent family members. M-l, M-2 Vocational students and dependent family members N-l.N-2 Parent (and the child of the parent) of an alien who is a special immigrant under INA §101(aX27XI). O-1.O-2.O-3 Aliens of outstanding ability in sciences, arts, education, business, or athletics or extraordinary achievement in motion pictures or television and aliens providing essential support and dependent

Numerical Limitation Specified by Law None

None None

None None None

None

None 195,000 per year for FY 01-03 65,000 for FY 04 500 per year. Program will expire 4 years following promulgation of regulations. Program expiration date is unknown at this time. None 66,000 None None None None None None

None None None

OAG015-1104

P-ltoP-4

Q-l

Q-2.Q-3

R-l.R-2 S-l S-2 T U V

TN (trade NAFTA) • NATO

family members. Alien athletes and entertainers performing individually None or as a group. Aliens providing essential support and dependent family members. None Aliens employed in a program requiring international cultural exchange Aliens participating in an Irish Peace Process cultural 4,000 per year limit on and training program and their dependent family participation for 3 consecutive members. years. Program is authorized until October 1,2005. None Religious workers and dependent family members Alien witness or informant in criminal matter and 200 per year dependent family members. Alien witness or informant in counter-terrorism matter 50 per year and dependent family members. Alien victims of severe forms of trafficking and 5,000 per year dependent family members 10,000 per year Aliens suffering physical or mental abuse as a result of being a victim of criminal activity. The spouse or unmarried child of a lawful permanent None resident of the U.S. who have been waiting 3 years or more for an immigrant visa. Dependent children may also qualify. A citizen of Canada or Mexico who qualifies in a 5,500 citizens of Mexico per year professional level occupation specified under until December 31, 2003 after which no numerical limits apply. NAFTA. Officers and personnel of the armed services of None nations of the North Atlantic Treaty Organization

OAG015-1105

Fiscal Year 2000 Nonimmigrant Admissions bv Class of Admission Class of Admission

Total

Al-3 Bl-2 WB/T Cl-3 El-2 Fl-2 Gl-5 H1A-C H2A H2B H3

138,230 12,813,164 10,007,746 228,806 168,214 10,696,718 97,555 356,170 33,292 51.462 3,208 33,918 11,048,461 20,558 3,113 426,763 14,133 381,543

r

Jl-2-

KI K2 Ll-2 Nl-7

O Pl-4

Ql Q2-3 Rl-2 SI -2

T U V TN NATO

2,447 280 19272 Not reported Not app icable Not applicable Not applicable 91,273 14,133

Source - OfBcfe of Statistics -US3NS

RT

TT66I0E

OAG015-1106

NIV's issued 8/30 -9/10

NIV's issued 9/1 1-9/30

Afghanistan

48

27

Algeria

194

368

Bahrain

80

63

Djibouti

13

2

Egypt

1386

1544

iritrea

99

58

ran

1025

1247

raq

152

186

Jordan

990

700

KLuwait

309

135

Libya

31

37

Lebanon

913

995

Morocco

581

704

Oman

100

62

"Palestine"

128

93

Pakistan

2208

1726

Qatar

95

55

Saudi Arabia

1163

538

Somalia

49

75

Sudan

176

143

Syria

507

562

Tunisia

192

205

United Arab Emirates

391

97

Yemen

151

67

TOTAL

10,981

9,689

Nationals of Country

OAG015-1107

DRAFT - FOR DISCUSSION ONLY

Summary of Recommendations 1. Increase controls over issuance of non-immigrant visas to problem countries. Allow for CIA and FBI scrutiny of visa applications before issuance. 2. Impose reporting requirements on non-immigrant visas for problem countries, especially for those on longer-term visas, such as students and exchange visitors. 3. Limit temporary visas to the amount of time that the person actually plans to be in the United States. 4. Direct INS to discontinue the practice of "paroling" people into the country pending the completion of the inspection process. Parole should not be available for nationals of certain countries, except for compelling humanitarian reasons. 5. Reassess the participation of countries that have not maintained adequate control of their passports, in the visa waiver program. 6. Purchase machine readers to electronically scan Border Crossing Cards used by Canadian and Mexican nationals. 7. Require FBI and CIA concurrence before any immigrant visa application is granted. Fingerprinting should be done at the time the visa application is filed. 8. Interview or otherwise scrutinize the nationals of certain countries who are already present in the United States.

OAG015-1108